Mr Mike Bratsch
Via email: [FOI #24267 email]
18 December 2009
Dear Mr Bratsch,
Freedom of Information request – RFI20091678
Thank you for your request to the BBC of 4 December, seeking the following information under the
Freedom of Information Act 2000:
1) a copy of the BBC's profanity list which rates the degree of offense of swear words and
derogatory terms and is used to inform the BBC's editorial decisions.
The BBC does not have a profanity list or any list of banned words, because that is not how decisions
about the use of strong language are made. Strong language is considered on a case-by-case basis -
and used after consideration of editorial justification and the context in which it will be used.
The guidelines for programme makers on how to consider these matters is here:
http://www.bbc.co.uk/guidelines/editorialguidelines/edguide/harm/language.shtml
And there is further guidance here:
http://www.bbc.co.uk/guidelines/editorialguidelines/advice/offensivelanguage/
2) the list of words banned from the BBC's online communities and forums.
The BBC has established “House Rules” to enable visitors to the bbc.co.uk message boards to get
the most out of their visits.
The link to the House Rules web page is:
http://www.bbc.co.uk/messageboards/newguide/house_rules.shtml
Specific Guidelines for online are here:
http://www.bbc.co.uk/guidelines/editorialguidelines/onguide/harm/offensivelangua.shtml
Please note that the information you have requested is excluded from the Act because it is held for
the purposes of ‘journalism, art or literature.’ Part VI of Schedule 1 to FOIA provides that information
held by the BBC and the other public service broadcasters is only covered by the Act if it is held for
‘purposes
other than those of journalism, art or literature” 1. The BBC is not required by the Act to
supply information held for the purposes of creating the BBC’s output or information that supports
and is closely associated with these creative activities; however, on this occasion we’re happy to
provide the above information in response to your request.
Appeal Rights
The BBC does not offer an internal review when the information requested is not covered by the
Act. If you disagree with our decision you can appeal to the Information Commissioner. Contact
details are: Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire,
SK9 5AF telephone 01625 545 700. http://www.ico.gov.uk
Yours sincerely,
Fern Kersey
Adviser, Information Policy & Compliance
1 For more information about how the Act applies to the BBC please see the enclosure at the end of this letter. Please
note that this guidance is not intended to be a comprehensive legal interpretation of how the Act applies to the BBC.
Freedom of Information
From January 2005 the Freedom of Information (FOI) Act 2000 gives a general right of access to all
types of recorded information held by public authorities. The Act also sets out exemptions from that
right and places a number of obligations on public authorities. The term “public authority” is defined in
the Act; it includes all public bodies and government departments in the UK. The BBC, Channel 4 and
S4C are the only broadcasters covered by the Act.
Application to the BBC
The BBC has a long tradition of making information available and accessible. It seeks to be open and
accountable and already provides the public with a great deal of information about its activities. BBC
Information operates 24 hours a day, seven days a week handling telephone and written comments
and queries, and the BBC’s website bbc.co.uk provides an extensive online information resource.
It is important to bear this in mind when considering the Freedom of Information Act and how it
applies to the BBC. The Act does not apply to the BBC in the way it does to most public authorities
in one significant respect. It recognises the different position of the BBC (as well as Channel 4 and
S4C) by saying that it covers information “held for purposes other than those of journalism, art or
literature”. This means the Act does not apply to information held for the purposes of creating the
BBC’s output (TV, radio, online etc), or information that supports and is closely associated with these
creative activities.
A great deal of information within this category is currently available from the BBC and will continue
to be so. If this is the type of information you are looking for, you can check whether it is available on
the BBC’s website bbc.co.uk or contact BBC Information.
The Act does apply to all of the other information we hold about the management and running of the
BBC.
The BBC
The BBC's aim is to enrich people's lives with great programmes and services that inform, educate
and entertain. It broadcasts radio and television programmes on analogue and digital services in the
UK. It delivers interactive services across the web, television and mobile devices. The BBC's online
service is Europe's most widely visited content site. Across the world, the BBC broadcasts radio
programmes in 32 languages on the BBC World Service and the 24 hour television service, BBC
World News.
The BBC's remit as a public service broadcaster is defined in the BBC Charter and Agreement. It is
the responsibility of the BBC Trust to ensure that the organisation delivers against this remit by setting
key objectives, approving strategy and policy, and monitoring and assessing performance. The Trustees
also safeguard the BBC's independence and ensure the Corporation is accountable to its audiences
and to Parliament. The Trust is supported by a network of advisory bodies across the UK.
Day-to-day operations are run by the Director-General and his senior management team, the
Executive Board. All BBC output in the UK is funded by an annual Licence Fee. This is determined and
regularly reviewed by Parliament. Each year, the BBC publishes an Annual Report & Accounts, and
reports to Parliament on how it has delivered against its public service remit.
